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HomeMy WebLinkAbout06-27-12 City Administration Committee Meeting Agenda CA Meeting City Administration Committee Wednesday, June 27, 2012 6:00 p.m. City Hall Council Chambers AGENDA ITEMS 1. Chairperson Greeting & Opening Statement 2. Announcements 3. Agenda Review and Amendments 4. Approval of Minutes 5. Statements from the Public 6. Employee Comments 7. City Administration Members Response 8. Workforce Diversity Committee 9. Mayor’s Report 10. 2013 Budget Topics/Updates 15 Min 11. IURA 11.1 Support for the Application of the Downtown Ithaca Alliance to the 15 Min 2012 New York Main Street Program - Resolution 12. Ad-Hoc Parking Committee 12.1 Parking Management – Discussion 30 Min 13. Department of Public Works 13.1 Request to Amend Personnel Roster – Resolution 10 Min 13.2 Request Amendment # 9 to Capital Project Engineering Services Agreement for Septage Facility Design and Bid Package – Resolution 10 Min 14. Youth Bureau 14.1 Request to Amend Personnel Roster – Resolution 5 Min 15. Human Resources 15.1 Director’s Report 15 Min 16. Finance/Controller’s Office 16.1 Bond Resolutions (3) 10 Min 16.2 Approval of Policies and Procedures Related to City Credit Cards – Resolution 10 Min 16.3 City Employee Retirement Incentive Program 2012 – Discussion/ Possible Resolution 30 Min 16.4 Controller’s Report 15 Min 17. Reports 17.1 Sub-Committee Updates 17.2 Novak Report 5 Min 17.3 Next Month’s Meeting: July 25, 2012 J:\DRedsicker\AGENDAS\City Admin Comm\2012\6-27 CA Agenda.doc 6/27/12  11. IURA .1 Support for the Application of the Downtown Ithaca Alliance to the 2012 New York Main Street Program WHEREAS, the 2012 New York State Consolidated Funding Application (CFA) includes the New York Main Street Program (NYMS) that will distribute $5,000,000 in increments of up to $250,000 to assist downtown revitalization programs that include building renovation projects and/or streetscape enhancements, and WHEREAS, The Downtown Ithaca Alliance (DIA) is an eligible applicant for the program, and seeks to submit an application to the NYMS program, and WHEREAS, the NYMS program requires submission of a formal resolution of the municipality supporting the grant application, and WHEREAS, CFA applications are due by July 16, 2012, and WHEREAS, The DIA has identified a target area for the grant that consists of the primary and secondary Commons areas of downtown; and WHEREAS, The DIA has identified a several downtown properties that could benefit from both interior and exterior building renovation that are deemed to be strong candidates for New York Main Street assistance, including, but not necessarily limited to, the Outdoor Store building at 206 The Commons, the House of Shalimar building at 142 The Commons, the Homegrown Board Shop building at 104 The Commons, and the Ithaca Journal building at 123 West State Street; and WHEREAS, The Downtown Ithaca Alliance has also identified potential streetscape improvement needs that meet the requirements of the MYMS program, particularly along the 100 North and South blocks of Cayuga Street; and WHEREAS, The Downtown Ithaca Alliance has successfully completed two NYMS grants in recent years, addressing key downtown and community needs including building façade renovation, anchor projects, and streetscape enhancement; and WHEREAS, receipt of the NYMS grant will assist in building a strong, vibrant, and sustainable downtown urban core and increase upper story housing opportunities, and WHEREAS, no match funding is required from the City of Ithaca for this application; now, therefore be it RESOLVED, That the City of Ithaca Common Council hereby supports the 2012 application of the Downtown Ithaca Alliance to the New York Main Street program for a revitalization program that includes upper story housing, exterior building renovations, and possible streetscape improvements on Cayuga Street. “An Equal Opportunity Employer with a commitment to workforce diversification.” CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 COMMON COUNCIL council@cityofithaca.org 607/274-6570 TO: Board of Public Works FROM: Jennifer Dotson, Chair, Planning and Economic Development Committee of Common Council DATE: June 5, 2012 RE: Parking Management System Changes and Proposed New Staff Position In 2010, Mayor Carolyn Peterson charged an Ad Hoc Parking Group to assess and suggest improvements to the City's parking management system. This committee was a direct outgrowth of the merging in late 2009 of two existing different inter-departmental groups, one focused on parking operations, and the other on parking policy. This Ad Hoc Parking Group has been convened by Chamberlain Deb Parsons, with my support, and also included Bill Gray, Tim Logue, Gary Ferguson, Steve Thayer, Jennifer Kusznir, JoAnn Cornish, John Norman, Julie Holcomb, Nels Bohn, Ray Benjamin, Rick Searles, Svante Myrick, and Cynthia Brock. In short, the consensus of the Ad Hoc Parking Group has been that the City's current approach to managing parking (particularly off and on street City-owned, but also privately owned, through zoning and other tools) does not effectively serve our goals, and requires significant changes. This Ad Hoc Parking Group, over the past two years, has developed drafts of a few different approaches to improving the system. In 2008, Tim Logue and Kent Johnson in the Engineering Department developed a draft City of Ithaca Transportation Plan as a start at a coordinated approach to transportation policy issues (including parking among many other specific topics). This document (and others, including a draft checklist for its implementation by staff and boards) is useful for coordinating policy setting, but did not directly address operational changes that the Ad Hoc Parking Group felt were urgent to address consistent financial losses from the management of City-owned parking, both in garages and on-street. A subgroup of the Ad Hoc Parking Committee (again led by Deb Parsons, with myself, Steve Thayer, Tim Logue, and Bill Gray) developed several documents focused particularly on management of off and on street City-owned parking, and these have led to the Analysis of Various Parking Management Scenarios for the City of Ithaca that is attached here. The subgroup focused on three types of issues in this analysis: interest in stemming significant financial losses from City-owned parking, problems with coordination of parking-related operations spread among 5 different City departments (and the first priority of none), and problems with cohesively progressing parking related projects (e.g., issues with public and private parking demand and supply in the West End, customer service/cleanliness improvements in the Seneca Street garage, among others). After considering privatization of City garages, creation of a new Parking Business Manager position (and associated restructuring of other job titles into a new Division of Parking within the Department of Public Works), restructuring of the current shared management system, and a “null option” of continuing the status quo, the Ad Hoc Parking Group reached a strong consensus that the creation of a Division of Parking (including a new Parking Business Manager position and associated reorganization of other parking-related positions) is the best way to reduce the City's financial losses in this area, while also creating capacity to efficiently realize other City goals related to parking. CA Item # 12.1 1 Parking Management in the City of Ithaca The Business Case In 2011, the City of Ithaca parking system (including all parking garages and meters) generated over $2 million in revenue, with greater expenses. Parking is a business in the City. We manage it as infrastructure. At least four departments are regularly involved in the management of parking leading to duplication of effort and no clear path to reach desired outcomes. Each involved department approaches parking from a different perspective, with different goals: those that maintain the parking meters aim for consistency in pricing across the City for efficiency’s sake, while other departments explore and advocate for dynamic pricing; a payment to a vendor was withheld by the Chamberlain’s office for perceived poor performance after another department had negotiated a resolution; an agreement to provide the Hilton Hotel patrons with parking paid by the Hotel, without careful consideration of the operational issues, has caused problems of putting the agreement into action for the City and for the Hotel. There is a disconnect between construction and operational issues, such as the City’s ongoing management of the trash receptacles under the Green Street garage, taken over during the reconstruction but never transferred to private management as was originally intended, or the failure to fix the cable barriers in Green Street garage, a product of poor design during construction but an operational headache now. Parking is a field of expertise. Managing parking as infrastructure ignores issues of pricing, promotion, and the relationship of on-street to off-street parking. The office that is most concerned with revenue control doesn’t supervise those that collect the money, and since appropriate revenue control often conflicts with operational ease, enforcement of the controls is problematic. The police department enforces parking regulations, but often enforcement doesn’t follow parking policy, such as 24 hour enforcement of the Green Street surface lot. The Ad-Hoc Parking Committee believes the City needs to improve the way it manages parking, to maximize revenues and further the City’s transportation and land-use goals. The Options Status Quo- make some variation of the Ad Hoc Committee made permanent Mayor Peterson appointed an Ad Hoc Parking Committee in 2010. As has been previously reported, the committee looked at developing a parking mission statement, developed a checklist to use when making changes to parking regulations or rates, and researched and reviewed methods of parking management. The committee expects it will continue, at least until or unless another method of parking management is put in place. CA Item # 12.1 2 PROS  No increase to current cost of operations, other than the time cost of meeting  Path of least resistance  Avoids the uncertainty of change CONS  Parking remains the “eighth priority” for the five departments most involved in parking operations (Public Works, Planning, Controller, Chamberlain, and Police)  No additional revenues (the City can change rates or hours of operation, but no one is fully responsible for understanding the business dynamics of parking)  Continued loss of revenues due to outdated or broken hardware  No improvements to the City’s interface with the parking public (customer service, appearance, etc.)  Continued deferment of routine maintenance (sweeping, washing, etc.)  Duplication of effort, such as the work of DPW installing pay stations as Planning investigates their use  Work at cross purposes, such as the recent efforts to manage the Ber-National contract  No one management level person to make and implement decisions, such as expanding enforcement of Green Street surface lot City contracts for private management of parking operations The committee asked All-Pro Parking, the operator of the Cayuga Garage, to provide the committee with a draft proposal for management of the City’s parking garages and parking meters. We asked them to show us what the City might expect to spend and to realize in revenues if we contracted with an outside firm to manage our parking resources. All-Pro provided three different scenarios to manage parking garages; management using current City staff, management using All-Pro staff, and management as an agent of the City, which allows us to keep off-street parking sales tax exempt but requires that the City to grant the operator authority to legally commit the credit of the City in order to make exempt purchases on the City’s behalf. They did provide an estimated monthly fee to manage parking meters, although the document did not detail what the fee would cover. In all three cases, they estimated an increase in revenues of 8%, or approximately $95,000 per year using 2010 revenues. Using City staff, they estimated a decrease in annual garage losses of $22,000. Using All-Pro staff, the decrease in annual losses was $122,000, and using All-Pro staff, operating as an agent of the City, the estimated decrease in losses was $183,000, the difference being the projected avoided sales-tax on revenues when All-Pro is acting as an agent of the City. All-Pro estimates non- supervisory salaries at half the City’s actual, and health insurance at a tenth of the City’s apportioned cost. Supervisory salaries are estimated at about one-third more than the City CA Item # 12.1 3 attributes to the parking garages. Management fees ranged from about $45,000 per year to $80,000. PROS  Hiring expertise, with prior training and track record; “professionals” in the parking business  Depending on construct, may be outside of City benefit and wage constraints, retirement liabilities  Parking doesn’t end up sacrificed as the lowest priority in multiple departments’ work schedule and budget  Framework for promotion of parking already in place  Framework for customer service training already in place  If All-Pro is chosen from RFP or bid documents, may see financial efficiencies for all garages  Professionals may have more credibility when recommending changes to pricing, hours, etc.  More clout with hardware vendors CONS  Cost. Expenses at Cayuga Garage are proportionally more  Since much of the savings is the cost of health insurance, effect of Health Care Reform Act on future expenses unknown  Reluctance to privatize, process of transferring management of City personnel to private company, or negotiation to privatize  Still need someone to manage contract, audit operations City contracts with consultant to train our staff to manage garages All-Pro also drafted a proposal to provide City staff with training to better manage its off-street parking assets. For about $80,000, they would provide 40 hours of on-site consulting per month for the first year, and 10 hours per month for year two and year three. They would assess the City’s current status, recommend improvements and train City staff in relation to general operations, financial and administrative considerations, marketing, human resources, repair and maintenance, and long-term planning. CA Item # 12.1 4 PROS  Hiring expertise, with prior training and track record; “professionals” in the parking business  Train City staff to perpetuate improvements  Framework for promotion of parking already in place  Framework for customer service training already in place  More clout with hardware vendors  Similar opportunity of increased revenues to other provided scenarios  Short-term cost, without major changes to City staffing structure. Easy to change direction CONS  Cost  Parking still ends up sacrificed as the lowest priority in multiple departments’ work schedule and budget  Serving in advisory capacity. In order to get maximum benefit, City personnel must act on and retain training; buy-in  Consultant would be training us to be their competitors in parking management Create Division of Parking in DPW; hire a Director of Parking Under this option, existing City staff, including those in the garages, parking meter maintenance staff, and enforcement personnel would be consolidated into one division, under the supervision of a new Director of Parking or Assistant Superintendent. The intent would be to hire a parking professional to manage on and off street parking. PROS  Four departments reduce their time commitment to parking, freeing time for other activities and to strengthen their roll as advisors to as opposed to participant in parking management  Manage regular maintenance schedule  Manage vendor contracts related to parking garages and lots  Manage parking attendants  Manage on-street parking systems and enforcement, to align goals  Greater focus on appearance of garages, booths and grounds  More efficient management of garages could produce more revenues; using All-Pro’s numbers, $95,000 in garage revenues, $57,000 in meter revenues  Hiring expertise; manage parking as a business  May be able to avoid ongoing consultant expenses, such as the City’s current Rich and Associates $50,000 contract CA Item # 12.1 5 CONS  Cost of additional staff – Assistant Superintendent or step below  Possible need for support staff  Additional budget lines for office expenses, contracts, etc.  Office space – City Hall, a garage  Enlarging government- long term impact on retirement, insurance liabilities  Success depends on finding good applicants; making good candidate choice The Committee’s recommendation The committee recommends the creation of a Division of Parking within the Department of Public Works, to be hired for a conditional period. If, as we believe, the reorganization and change to management improves revenues to the extent the committee believes is possible, the position will pay for itself. If it does not, we can revert to the current organizational structure, with the exception that enforcement personnel would remain within Public Works, and re- evaluate our options at that time. Hiring a parking director will solve many of our ongoing issues. It will make parking the 1st priority of a manager level position. We can hire expertise in the business of parking. By consolidating parking operations within one division, it allows us to align goals and expected outcomes by using resources in one department. We can expect improvement in the public face of our parking, so that customer service becomes a priority. We expect an increase in revenues. And the Superintendent will be supervising a City employee, with easier recourse if performance does not meet expectations. The financial implications of this move are expected to be positive for the City. Based on feedback from a private sector parking management company, it is expected that the City could increase revenues from its parking structures on the order of $100,000 per year. With additional focus on the on-street parking systems (meters and, soon, pay stations), it is expected that an additional $60,000, approximately, could be raised. Lastly, the City does spend money on consultants and parking studies; most of these are capital expenses, so the annualized cost of this work is probably not more than a few thousand dollars per year. On the cost side, it is expected than a Director of Parking type title would command a salary in the $60,000 to $80,000 range. Benefit packages for such an employee would cost about an additional 40%. There would also be a normal, additional office cost, say $2,000 per year. Lastly, because the City wants this person to stay on top of current technologies and management practices, it would be very wise to allow for a travel/training budget, at least for the first few years, on the order of $4,000 per year. There may be some one-time costs to furnish an office space or for reorganizing existing work areas as other working groups (namely, garage attendants and Community Service Officers) are moved around. CA Item # 12.1 6 With these expected costs and benefits, it is expected that the City of Ithaca would see an annual net positive revenue of approximately $59,000. This is shown below. Cost Type Cost Benefit Type Benefit Parking Director Salary $70,000 Additional Garage Revenue $100,000 Benefits $28,000 Add’l On-street Revenue $60,000 Office & Training $6,000 Capitalized studies forgone $3,000 TOTAL $104,000 TOTAL $163,000 Next steps If the Board and Common Council agree, we will need to:  Assign a staff person to “own” the process of setting up this department  Write job specs and set a salary  Determine an organizational structure  Determine which employees would be moved to the new division  Determine which job duties within other departments will be transferred to the new division  Complete the hiring process J:\DRedsicker\AGENDAS\City Admin Comm\2012\6-27 CA Agenda.doc 6/27/12  13. Department of Public Works .1 Request to Amend Personnel Roster WHEREAS, the City of Ithaca, DPW, Water & Sewer Division, Water Treatment Plant needs to provide for the regulatory required daily and periodic sample collection, laboratory analysis, reporting, process control, etc. for the water plant, the sludge drying lagoons, 6- water storage tanks, 2-booster chlorination systems, 100-miles of City of Ithaca distribution system piping, and 46.5-square miles of watershed tributary to our reservoir, and WHEREAS, increasing pressure on our natural water resources in local watersheds is consuming more staff time every year. Much time has been invested recently in dealing with the issues of hydrofracking, dredging, and hydrilla, all of which promise to be ongoing for the foreseeable future. Coupled consistently with increased demands to address water quality related to watershed protection, development, climate change, stormwater management issues, etc. and WHEREAS, regulatory requirements and the resulting sample collection and laboratory analysis are increasing steadily under the EPA’s Safe Drinking Water Act (SDWA) program. In 2013 the implementation of the Long Term 2 Enhanced Surface Treatment Rule (LT2ESWTR) and Stage 2 Disinfectants and Disinfection Byproducts Rule (Stage 2 DBPR) will require additional benchmarking and monitoring for the control of Cryptosporidium, TTHM’s and HAA5’s, and WHEREAS, our drinking water quality and supply are dependent on the good health of the all local watersheds, especially our Six-Mile Creek tributary watershed. Our investment in watershed environmental protection efforts and in fostering environmental stewardship of our water resources through public involvement is far more cost effective than investment in advanced treatment systems at the Water Plant. In recognition of this our Water Shed Coordinator/Lab Director for the City of Ithaca Water Treatment Plant plays many pivotal roles in coordinating and maintaining these relationships and efforts for the City. Efforts including building and maintaining a comprehensive water quality monitoring programs in the local watersheds. Collecting, and archiving long-term, internally consistent data sets which are essential to assess trends, and design, and implement policies to protect our water resources. Data sets include chemical, biological, microbiological monitoring along with the measurement of stream flows and meteorological data. Our partners include many volunteers, professionals, municipal and government representatives, private and public organizations, etc. We are partners with, members of, provide and receive support from, and work in collaboration to care for our local water resources with those listed below, and more:  Cayuga Lake Floating Classroom Project for “Community Stewardship for Cayuga Lake  Cayuga Lake Intermunicipal Organization and Technical Advisory Committee  Cayuga Lake Watershed Network  Cornell University  Cornell Cooperative Extension  Fall Creek Watershed Committee  Finger Lakes – Lake Ontario Watershed Protection Alliance (FL-LOWPA)  Finger Lakes Institute  New York State Department Health (NYSDOH)  NFP Community Science Institute J:\DRedsicker\AGENDAS\City Admin Comm\2012\6-27 CA Agenda.doc 6/27/12   Six Mile Creek Partnership  Tompkins County Soil and Water Conservation District (TCSWCD) & USDA  Tompkins County Planning Department  Tompkins County Health Department & NYSDOH  Tompkins County Solid Waste Division  Tompkins County Water Resources Council (WRC)  Town of Caroline  Town of Dryden  Town of Ithaca  United States department of Agriculture (USDA)  United States Environmental Protection Agency (USEPA)  United States Fish and Wildlife Service  United States Geological Survey (USGS) – Gaging Stations  Wells College  Other Adjoining Local Municipalities  Etc. and WHEREAS, this proposed new position has already been reviewed and approved by the Civil Service Commission with respect to the New Position Duties Statement, Job Title, and Job Description and by the Vacancy Review Committee with respect to organizational necessity. The Vacancy Review Committee’s approval was contingent on both the approval of the City of Ithaca Board of Public Works and City of Ithaca Common Council; now therefore be it RESOLVED, That Common Council hereby amends the 2012 authorized personnel roster for the Department of Public Works, Water and Sewer Division as follows: Add: One (1) Laboratory Technician (40 hours) and be it further RESOLVED, That this requested roster amendment has been approved by the Vacancy Review Committee, and be it further RESOLVED, That the funds necessary for said roster amendment will be made within the existing 2012 DPW, Water and Sewer Budget Authorization noting there may be some savings realized by a reduction in current overtime costs associated with the performance of these duties.   CA Item # 13.1 CITY OF ITHACA  WATER TREAMENT PLANT  202 WATER ST.  ITHACA, NY 14850  607‐273‐4680  Fax: 607‐216‐0460      M      E      M      O    TO: BPW, CA Comm. & Common Council  FROM: Charles Baker, Chief Operator  RE: Lab Technician Title  DATE: May 3, 2012         The process for adding the lab technician title to the roster at the water plant began in 2011.   The job description was updated, passed the Civil Service Commission review and was taken to  Vacancy Review.  It was asked to come back to the Vacancy Review Committee later in the year  in 2011 (see the time line mentioned in the 4‐20‐12 memo to HR – attached).  The title is going  back to Vacancy Review today.  It was discovered by HR that the title had not gone through the  BPW, City Admin. and Common Council to officially add the title to the roster.  This is the  process I am requesting to start now.  The title has been funded in 2011 and again in 2012.     The justification for the position is within the memo to HR and Vacancy Review.  We need the  extra help to continue our current workload.  As we progress toward a new water plant, this  will become even more important.  At present it looks as though a current seasonal will take  the position (at reduced hours to start).  The hydrilla issue, alone, has added greatly to the lab  staff workload.  It has pulled our main lab position almost entirely out of the lab as a result.  We  need the extra help to keep up with the routine, and some extra work.     Thank you for considering this request.  CA Item # 13.1 MEMO DATE: Thursday, April 19, 2012 TO: Valerie Saul – Deputy Director – City of Ithaca Human Resources Department FROM: Chuck Baker, Chief Operator – City of Ithaca Water Treatment Plant SUBJECT: Review - Request to Fill Vacancy – Lab Technician Position In 2011 the lab technician Civil Service description was updated, and approved by the Civil Service Commission on April 6, 2011. On April 29, 2011 a request was made to fill the funded position. The request was forwarded to the Vacancy Review Committee. The Lab Technician position was reviewed by the Vacancy Review Committee on May 5, 2011. The committee decided to re-visit, and resubmit the request in September 2011. A memo dated June 2, 2011 was sent to the Vacancy Review Committee, asking for the position be reviewed prior to September. No response from the committee was received. I am submitting the request to fill the funded position again. Please send the request to the Vacancy Review Committee. Please keep Erik, Bill and I informed of the review dates. Briefly some of the main points pertaining to the need for approval are: - With Roxy's involvement with the hydrilla, inlet dredging, storm water and normal watershed activities, she does not have the time to keep up with all the lab activities. Using seasonals and interns has helped, but they were hired for specific purposes, and now have to help with just normal lab related duties (regulatory related to our cerifications). Jan Fals, a seasonal, and other operating staff, have had to pick up a lot of the extra duties. (Brendan kearns, distribution samples; John Coggin, sediment sample testing preparations; Jared Makrancy, lead & copper sampling). - Maintaining all our lab certifications allows us to use in-kind services, as a portion of the cost to meet grant requirements, and/or regulatory requirements (ie: storm water). - The risk for violating some regulatory requirements, are lowered by having consistency in sampling, analysis, and reporting. You have consistent monitoring on a day to day basis (DOH & DEC). CA Item # 13.1 - No further delays for analysis completed for the water & sewer crews installation of water mains, fire lines, tank work, or any similar items. If you have to ship this work out, you will pay extra for the "rush" reporting. Keep in mind an analysis related to an emergency would be in the same arena. - We will have increases in analysis, and frequency, with the 2nd round of some sampling for major rules coming due near the plant change over (LT2). This along with more analysis surrounding the new facility for modification of permits (DOH, DEC), any chemical trials / pilots, and any distribution system changes (ie: pay back of water to Cornell – which could change circulation, and affect our DBP2 regulation sites, and add extra sampling/verifications). I had hoped to avoid a large cluster of sampling for major rules. That is the reason I did a lot of sampling for the LT2 – DBP2 rules early, to grandfather the data. Unfortunately the time line for a new water plant has kept changing during my time with the city. - During the construction currently scheduled for the new WTP plant, we will operate in the old plant until we need to move the operations & lab out to construction trailers. Operating staff will be involved with operating an old and new plant in different modes. They will not be able to help with the lab duties. Interns / students do not have enough hours during the semester, to give us consistant help. We also can lose interns, depending on the time frame of the construction of the new plant. - Initially I am willing to compromise with the position, to get the extra help established within the lab / WTP. The lab tech would have to be approved as a 40 hr wk position / title. The lab tech would work 20 – 30 hrs / wk, depending on the amount of hours they could work. Tentatively we would like to train Jan Fals, paying her from the CAP Project up to 30 hrs wk. She will be retiring fully at approximately the same time the new plant goes online, possibly before. She may want to reduce her hours from time to time, if extra help is available. We would want to add an additional intern (total 2), to help us gain some extra hours of help, and with the hope one might stay in the area over the Summer months, which would be a big help. The lab tech and others would benefit from the mentoring, and gain valuable knowledge from both Jan and Roxy. This is a unique opportunity for the interns and the City. - When Jan retires fully, the lab tech position could be increased to 40 hours. The amount of work would be considered, to determine the need for one or two interns. Interns would be of help for a couple of years, due to developing a better tour packet / education materials for the new facility. The lab tech position was anticipated and included in the budget for 2011, and 2012. For your info the Request to Fill Vacancy is attached. 2011 – (Oct. 22 – Dec. 31st) Roxy 429.5 reg hrs + 111.5 OT hrs related to hydrilla. Seasonal / Interns – approx 30 hrs related to hydrilla. CA Item # 13.1 2012 – (thru 3/10/12) Roxy 25.7 hr/wk + 1.5 hrs / wk OT related to hydrilla. Those hours will be normal, possibly more hours, for the next 2 – 4 yrs. As warmer weather approaches, more hours will be required related to hydrilla. The extra money from the state related to hydrilla, is supposed to help fund a coordinator for those duties. Until it is defined how the money will be spent, and what the coordinator's duties are, I expect Roxy's time and involvement related to hydrilla will not decrease. J:\DRedsicker\AGENDAS\City Admin Comm\2012\6-27 CA Agenda.doc 6/27/12  13. Department of Public Works .2 Request Amendment # 9 to Capital Project Engineering Services Agreement for Septage Facility Design and Bid Package WHEREAS, the Ithaca Area Wastewater Treatment Plant is in need of certain Capital Improvements, and WHEREAS, Capital Project 409J Ithaca Area Wastewater Treatment Plant was authorized by Common Council in 2007 for $1,504,950, and WHEREAS, in order for the staff to maintain its goals as embodied in its five year capital plan, amendment #9 provides additional engineering services for completion of a design to renovate the existing septage receiving facility, and WHEREAS, the scope of this amendment has been drafted to accommodate changes in the design associated with facilities needed to accept food waste and changes in the bid package to deal with handling materials potentially contaminated by a manufactured gas plant operated in the early 1900s, and WHEREAS, this authorization for an amount not to exceed $44,683.10 will allow GHD Stearns and Wheler to complete the design and bid package for the Septage Receiving Facility, and WHEREAS, the allocation of costs for previously authorized engineering services contract for this project (409J) to GHD Stearns and Wheler is as follows: Original Contract #1 $74,000 Amendment #2 $7,000 Amendment #3 $35,500 Amendment #4 $14,000 Amendment #5 $135,500 Amendment #6 $0000* Amendment #7 $10,000 Amendment #8 $ 33,500 Total Authorized to Date: $309,500 * Amendment #6 not authorized, not acted on. Elements of this amendment were included in the scoping of the energy performance audit and contract. , and WHEREAS, the Special Joint Committee (SJC) approved said contract amendment #9 at its meeting of May 9, 2012 contingent on fund availability, and WHEREAS, Common Council Authorized funding in the amount of $1,504,950 on December 5, 2007, amended on May 7, 2008 for the 2008 phase I (year 1 of 5) 416J miscellaneous plant improvements project and again on October 6, 2010 for amendments #7 and #8, and the available balance, as certified by the City of Ithaca Controller is $225,308.64 after expenses incurred for the Stearns and Wheler Amendment #7 & #8 for the design of a second round of J:\DRedsicker\AGENDAS\City Admin Comm\2012\6-27 CA Agenda.doc 6/27/12  Miscellaneous Plant Improvements and support in litigating the Crane Hogan contract, therefore be it RESOLVED, That Common Council hereby recommends an amendment in the amount not to exceed $44,683.10 to the previously authorized engineering services agreement with GHD Stearns & Wheler, LLC for additional engineering services associated with the aforementioned project amendment #9, giving a total engineering contract cost not to exceed $354,183.10, and be it further RESOLVED, That Common Council hereby authorizes this project amendment contingent upon action by all wastewater partners committing their percentage of reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows: Municipality Percentage Project Cost City of Ithaca 57.14 $25554.26 Town of Ithaca 40.88 18,266.45 Town of Dryden 1.98 862.39 $ 44,683.10 and be it further RESOLVED, That funds necessary for said engineering contract amendments shall be derived from existing Miscellaneous Plant Improvement Project authorization. STEARNS & WHELER' AMENDMENT NO. 9 Environmental Engineers & Scientists TO AGREEMENT BETWEEN ITHACA AREA WASTEWATER TREATMENT PLANT SJC OWNERS AND STEARNS & WHELER, LLC WHEREAS, Stearns & Wheler, LLC (ENGINEER) and the Ithaca Area WWTP — SJC Owners (OWNER) entered into an Agreement dated September 7, 2005 to evaluate Miscellaneous Plant Improvements; and WHEREAS, except as expressly amended herein, all other provisions of the original contract dated September 7, 2005 remain in full force and effect. NOW, THEREFORE, ENGINEER and OWNER agree to amend the Agreement as follows. SCOPE OF SERVICES Additional Services on the Septage Building Project due to the remediation delays and recent changes in scope to add processing of food waste to the project. The additional costs incurred are documented below, and many of the costs are directly attributable to the remediation. We request that this amendment be processed between the SJC Owners and GHD, and that the SJC Owners submit a claim to NYSEG for reimbursement of these costs. 1. Additional Services Due to Remediation Planning and Delay. The costs in this section should be reimbursable by NYSEG. Our design was complete and ready for bidding on April 20, 2010. The plans had been checked by SJC staff by that date, and Mr. Daniel Ramer asked by email (attached) that GHD make provisions for bidding. On April 21, 2010, Mr. Ramer sent an email which identified that NYSEG wanted to involve NYSDEC and determine if remediation was required. a. Work which occurred after April 21, 2010 was due entirely to the delay and consisted of the following items to date: 1) Supplying NYSEG, NYSDEC, and GEI with copies of the project drawings. 2) Attendance at four (4) meetings at the Ithaca Area VVWTP where SJC, NYSEG, NYSDEC, and GEI discussed how to proceed. 3) Modification of our previously complete foundation design to incorporate a shallow foundation which would not involve as much remediation as our original, deeper, foundation. This item involved geotechnical engineering design and drafting. 4) Development of site plan layout drawings showing the proposed building and the proposed gas holder. 5) The total cost of these items to date is detailed on the attached Job Transaction Report, dated April 27, 2012, and totals $13,683.18 through April 27, 2012. b. Work which is required now that NYSDEC has approved a remediation method is outlined below. These items are required due to the delays and remediation strategy: 1) Preparation of this amendment. 2) Verification of the design of the modified shallow foundation and changes to structural drawings — to reflect the shallow foundation. SAAdministralionl_Amends1201211thaca SJC Additional Services Amend 9 #50116-8614051.docx LON AMENDMENT NO. 9 ITHACA SJC (PAGE 2) 3) Modification of the previously prepared written specifications for the following items: a) What is Included in Contract 1 — General. Previously, the contractor had to remove and dispose of the excavated soil. Now the contractor will need to excavate the soil using people trained in working on a site with hazardous materials, will have to decontaminate personnel and equipment on a daily basis, will have to coordinate with NYSEG and GEI for the hauling of the soil, and will not have to provide trucks or a site to haul the material to, since NYSEG will provide that service directly. GHD will need to modify the contract portion of the specifications to clearly describe this for the contractors. This will also involve assisting the SJC Owners with the Memorandum of Understanding between NYSEG and the SJC. b) Modification of the Specifications for Structural Fill to be Used Under the Foundation. Specifications for the lightweight aggregate must be developed by GHD, sent to NYSDEC for approval, and added to the specifications. c) Structural Evaluation. GHD must revise our previously completed structural evaluation of the building foundation to include both geotechnical items and seismic force analysis. d) Codes Review. The 2-year delay may have resulted in regulatory changes which could affect our previously completed design. We will need to perform brief evaluations of the HVAC, electrical, and structural steel design packages to make sure that our 2-year old design meets current codes. e) Construction Phase Services. Our existing contract includes $30,000 in effort during the construction phase of the project to act as the Owner's representative. The 2-year delay has resulted in labor cost increases of 3 percent each year, for a total of 6.1 percent increase on the $30,000 fee, or $1,830. 4) The estimated cost of the work described in this section is $15,000. 2. Additional Services to Food Processing Equipment Addition. These costs should be bourne by the SJC Owners and not by NYSEG. a. Design of a Food Waste Receiving Station. We will add appropriate grinding and pumping equipment to the existing design to accommodate the delivery of food waste from local sources. The food waste system will reduce items such as paper plates, plastic silverware, bones, plastic cups, plastic bags, napkins, and biodegradable plates to small particles which can be pumped by the previously designed project components. This item includes the modification of existing drawings to show the new equipment and the development of new written specification sections. We propose to complete the work described for this item for a lump sum fee of $16,000. PAYMENTS TO ENGINEER ENGINEER requests an amendment in the amount of $44,683.10 to cover the cost of the services described in this proposal. This is the total of the amounts described above. We believe that SJC should request that NYSEG reimburse it for $28,683.18 of this total, because these costs were incurred only because of the delay. The remaining $16,000 is attributable only to the addition of the food waste processing station. SAAdministrationl_Amends1201211thaca SJC Additional Services Amend 9 #50116-8614051.docx AMENDMENT NO. 9 ITHACA SJC (PAGE 3) PROJECT SCHEDULE ENGINEER will begin work immediately and complete the proposed work within six (6) months of authorization to proceed. AUTHORIZATION The return of one signed copy of this Amendment No. 9, together with a copy of a formal resolution of approval, constitutes acceptance of this Amendment and shall be written authorization for ENGINEER to proceed with the Scope of Service outlined above. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment No. 9 as of the last date entered below. ENGINEER: OWNER STEARNS & WHELER, LLC CITY OF ITHACA, NEW YORK By: AA.,f-eg e By: Gerald\C. Hook, P.E. Title: President Title: Date: 5711/ / Z Date: TOWN OF ITHACA, NEW YORK TOWN OF DRYDEN, NEW YORK By: By: Title: Date: GCH/jas Title: Date: SAAdministrationt_Amends120129thaca SJC Additional Services Amend 9 #50116-8614051.docx J:\DRedsicker\AGENDAS\City Admin Comm\2012\6-27 CA Agenda.doc 6/27/12  14. Youth Bureau .1 Request to Amend Personnel Roster WHEREAS the Ithaca Youth Bureau has requested an adjustment to the 2012 Youth Bureau personnel roster, and WHEREAS there will be no additional cost to the city since funds are being transferred within the same program budget; now, therefore, be it RESOLVED, That Common Council hereby amends the Youth Bureau 2012 personnel roster as follows: Delete: One (1) - Youth Program Leader (35 hours per week) position in the Paul Schreurs Memorial Program. Add: One (1) - Youth Program Assistant (35 hours per week) position in the Paul Schreurs Memorial Program. BOND RESOLUTION DATED JULY 2, 2012. A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,790,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTION OF THE EAST CLINTON STREET BRIDGE (PHASE II), IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize additional bonds for the financing thereof, NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the reconstruction of the East Clinton Street Bridge (Phase II), including incidental improvements and expenses in connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $1,790,000 bonds pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $1,790,000, and that the plan of financing thereof is by the issuance of the $1,790,000 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that the amount of bonds to be issued shall be reduced by State or Federal grants-in-aid received therefor. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Such bonds shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the City Clerk. Section 6. The intent of this resolution is to give the City Controller sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds without resorting to further action of this Common Council. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of -2- said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies -3- -4- are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * LEGAL NOTICE OF ESTOPPEL The bond resolution, summary of which is published herewith, has been adopted on July 2, 2012, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the City of Ithaca, Tompkins County, New York, is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. A complete copy of the resolution summarized herewith is available for public inspection during regular business hours at the Office of the City Clerk for a period of twenty days from the date of publication of this Notice. Dated: Ithaca, New York, July _____, 2012. ________________________________________ City Clerk BOND RESOLUTION DATED JULY 2, 2012. A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,790,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTION OF THE EAST CLINTON STREET BRIDGE (PHASE II), IN AND FOR SAID CITY. Specific object or purpose: East Clinton Street Bridge Improvement (Phase II) Period of probable usefulness: 20 years Maximum estimated cost: $1,790,000 Amount of obligations to be issued pursuant to this resolution: $1,790,000 bonds SEQRA status: Type II Action BOND RESOLUTION DATED JULY 2, 2012. A RESOLUTION AUTHORIZING THE ISSUANCE OF $400,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTION OF THE FOREST HOME DRIVE RETAINING WALL, IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize additional bonds for the financing thereof, NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the reconstruction of the Forest Home Drive Retaining Wall, including incidental expenses in connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $400,000 bonds pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $400,000, and that the plan of financing thereof is by the issuance of the $400,000 bonds of said City authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law, it having been determined by an appropriate engineering professional that said object or purpose has such a useful life. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Such bonds shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the City Clerk. Section 6. The intent of this resolution is to give the City Controller sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds without resorting to further action of this Common Council. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, -2- place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. -3- -4- Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * LEGAL NOTICE OF ESTOPPEL The bond resolution, summary of which is published herewith, has been adopted on July 2, 2012, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the City of Ithaca, Tompkins County, New York, is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. A complete copy of the resolution summarized herewith is available for public inspection during regular business hours at the Office of the City Clerk for a period of twenty days from the date of publication of this Notice. Dated: Ithaca, New York, July _____, 2012. ________________________________________ City Clerk BOND RESOLUTION DATED JULY 2, 2012. A RESOLUTION AUTHORIZING THE ISSUANCE OF $400,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTION OF THE FOREST HOME DRIVE RETAINING WALL, IN AND FOR SAID CITY. Specific object or purpose: Forest Home Drive Retaining Wall reconstruction Period of probable usefulness: 10 years Maximum estimated cost: $400,000 Amount of obligations to be issued pursuant to this resolution: $400,000 bonds SEQRA status: Type II Action BOND RESOLUTION DATED JULY 2, 2012. A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,596,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTION OF PROSPECT STREET, IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize additional bonds for the financing thereof, NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the reconstruction of Prospect Street, from S. Aurora Street to Turner Place, including curbing, paving, sidewalk improvements, and other incidental expenses and improvements in connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $2,596,000 bonds pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $2,596,000, and that the plan of financing thereof is by the issuance of the $2,596,000 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that the amount of bonds to be issued shall be reduced by State or Federal grants-in-aid received therefor. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Such bonds shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the City Clerk. Section 6. The intent of this resolution is to give the City Controller sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds without resorting to further action of this Common Council. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of -2- said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies -3- -4- are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in summary form in the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * LEGAL NOTICE OF ESTOPPEL The bond resolution, summary of which is published herewith, has been adopted on July 2, 2012, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the City of Ithaca, Tompkins County, New York, is not authorized to expend money, or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of this notice, or such obligations were authorized in violation of the provisions of the Constitution. A complete copy of the resolution summarized herewith is available for public inspection during regular business hours at the Office of the City Clerk for a period of twenty days from the date of publication of this Notice. Dated: Ithaca, New York, July _____, 2012. ________________________________________ City Clerk BOND RESOLUTION DATED JULY 2, 2012. A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,596,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE RECONSTRUCTION OF PROSPECT STREET, IN AND FOR SAID CITY. Specific object or purpose: Prospect Street reconstruction (from S. Aurora Street to Turner Place) Period of probable usefulness: 15 years Maximum estimated cost: $2,596,000 Amount of obligations to be issued pursuant to this resolution: $2,596,000 bonds SEQRA status: Type II Action J:\DRedsicker\AGENDAS\City Admin Comm\2012\6-27 CA Agenda.doc 6/27/12  16. Finance/Controller’s Office .2 Approval of Policies and Procedures Related to City Credit Cards WHEREAS, Common Council authorized the use of commercial credit cards for approved governmental purposes, and WHEREAS, the City of Ithaca has contracted with JP Morgan Chase for said commercial card services, and WHEREAS, Common Council is required to approve, by resolution, Policies and Procedures relating to the commercial credit cards; now, therefore be it RESOLVED, That Common Council hereby approves the Policies and Procedures related to the use of commercial credit cards by authorized City personnel. CITY OF ITHACA Commercial Credit Card Program Policies and Procedures This Policies and Procedures Guide provides the general guidelines for using your Commercial Credit Card. Please read it carefully. Your signature on the Cardholder Agreement shows that you understand the intent of the Program and agree to follow the established guidelines. June X, 2012 2 TABLE OF CONTENTS IMPORTANT TELEPHONE NUMBERS ............................................................... 1 PURPOSE ............................................................................................................ 2 HOW DOES THE COMMERCIAL CREDIT CARD WORK? ................................. 2 CARDHOLDER RESPONSIBILITIES ................................................................... 3 MANAGEMENT RESPONSIBILITIES .................................................................. 4 RECOMMENDED PURCHASES .......................................................................... 5 UNAUTHORIZED PURCHASES .......................................................................... 5 MAKING AN IN-PERSON OR TELEPHONE PURCHASE ................................... 6 MAKING AN ONLINE PURCHASE ...................................................................... 6 REVIEWING AND VERIFYING TRANSACTIONS ............................................... 7 MONTHLY STATEMENTS ................................................................................... 7 INCORRECT OR UNAUTHORIZED CHARGES .................................................. 8 QUALITY OF SERVICE OR PRODUCT ............................................................... 9 RETURNING AN ITEM PURCHASED WITH A CARD ......................................... 9 LOST OR STOLEN CARDS ................................................................................. 9 DECLINED PURCHASE ..................................................................................... 10 AUDITS ............................................................................................................... 10 RECEIPTS .......................................................................................................... 10 COMPLIANCE WITH POLICIES AND PROCEDURES ..................................... 10 1 IMPORTANT TELEPHONE NUMBERS JPM Chase Customer Service 800-316-6056 JPM Chase Customer Service 800-316-6056 Program Administrator, City of Ithaca Name: Scott Andrew or Steve Thayer Phone: (607) 274-6576 Fax: (607) 274-6415 To report a lost or stolen card (24 hours a day) For questions about your card account For questions about the City of Ithaca Commercial Credit Card Program 2 PURPOSE Welcome to the City of Ithaca Commercial Credit Card Program. The purpose of the Commercial Credit Card is to establish a more efficient, cost-effective method of purchasing and paying for small transactions (usually less than $500), such as copying, printing, subscriptions, postage, and seminars. The Commercial Credit Card will not only eliminate the standard purchase requisition process for most small orders, it will also significantly reduce the need for Accounts Payable check requests, and expense reimbursement requests. HOW DOES THE COMMERCIAL CREDIT CARD WORK?  The Commercial Credit Card is for business use only.  The Commercial Credit Card is a MasterCard credit card issued by JP Morgan Chase that works exactly the same as your personal credit cards.  Cards are issued in the cardholder’s name. All purchases made on the Commercial Credit Card must be yours only.  Use of a Commercial Credit Card does not affect your personal credit rating. All Commercial Credit Card charges are billed to the City of Ithaca and paid by the City of Ithaca Accounts Payable Department.  You are committing City of Ithaca funds each time you use the Commercial Credit Card. Do not take this responsibility lightly.  Purchases are charged to the cardholder’s responsibility center and the appropriate expense account.  Each card has specific spending limits: in most cases, $500 per transaction and a monthly limit of $2,000. These limits include price and freight. Each time you use your card, an electronic process verifies that your purchase is within these pre-set limits. If 3 your purchase violates these limits, the supplier will not accept your order.  There are blocks against using the card with certain types of suppliers that are not appropriate for business purposes. If you try to make a purchase with your purchase card from a blocked supplier, the electronic verification will not authorize your purchase.  Improper use of the Commercial Credit Card will result in consequences from suspension of cards to termination of employment.  You are responsible for the security of your Commercial Credit Card and the transactions made with it. If you do not follow guidelines when using the Commercial Credit Card, you could be subject to disciplinary action, including termination. CARDHOLDER RESPONSIBILITIES  Read the User Guide.  Read and sign the Cardholder User Agreement.  Keep your card in a secure location and keep your account number confidential.  Never loan your card to anyone and exercise caution in sharing your account information.  ALWAYS OBTAIN AND KEEP A RECEIPT FOR EACH CARD PURCHASE.  At the end of each 30-day billing cycle, you will receive a monthly statement of all your card purchases for that period. You must attach your receipts to this statement and forward it to your Department Administrator. 4  Immediately call JPM Chase at 800-316-6056 if your card is lost or stolen and notify the Program Administrator.  Resolve all incorrect charges and product returns as quickly as possible.  Always try to obtain the best possible value for the City of Ithaca with your Commercial Credit Card purchases.  Use your card as much as necessary when conducting small transactions. Remember the purpose of the card is to eliminate purchase requisitions, A/P check requests and expense reimbursement requests for legitimate business needs.  You must return your Commercial Credit Card to the Program Administrator upon any transfer or termination. MANAGEMENT RESPONSIBILITIES  Although primary responsibility for adhering to policies and procedures rests with the cardholder, management must ensure the card is issued and used within the City of Ithaca policies and the commercial credit card program guidelines.  Management responsibilities include, but are not limited to, the following:  Identify the individuals within their organization who should be issued the commercial credit card.  Using the SmartData online system provided by JPM Chase, review and approve card transactions for each cardholder in their organization.  Handle misuse or negligence of the card as a performance issue, according to HR policy. 5 RECOMMENDED PURCHASES Books Maintenance/Repair Conferences Postage Electrical supplies Printing, copying Equipment transport Promotional items Janitorial supplies Seminars/Classes Machine parts Subscriptions UNAUTHORIZED PURCHASES The following list of unauthorized purchases is not meant to be all inclusive – if there any questions as to whether a purchase is appropriate, please contact the Program Administrator for clarification.  Personal use  Supplies available through the City of Ithaca stockroom  Cash advances  Cash refunds for returned card purchases  Meal expenses during authorized travel  Chemicals or other hazardous materials (unless expressly authorized)  Health care (doctors, nurses, prescriptions)  Country club dues 6 MAKING AN IN-PERSON OR TELEPHONE PURCHASE  If you’re making a purchase in person, give your card to the supplier.  For telephone purchases, give your card account number and expiration date to the supplier.  Get a receipt from the supplier. If you are paying for a conference or seminar, keep a copy of the registration form. For subscriptions, keep a copy of the renewal notice or initial subscription request.  If you are placing your order by phone, instruct the supplier to:  Prepare a shipping label that includes:  Your name  the City of Ithaca  Address including Mail Code  Include a receipt (charge slip, invoice, or cash register receipt) with the package.  Except in extreme emergencies, avoid overnight shipment.  Verify what you received is what you ordered. MAKING AN ONLINE PURCHASE • Online purchases fall under the same spending controls and policies as do other types of card purchases. • Select the item you wish to purchase. • Complete the ship-to information, using your City of Ithaca business address. 7 • The bill-to address is the City of Ithaca address: City of Ithaca 108 E. Green Street Ithaca, NY 14850 • Input your card account number and expiration date. • Make sure NYS sales tax is not being charged – you may have to call the vendor before submitting your order if it appears that sales tax is being charged. • Print out the confirmation form that appears online once your order has been processed. This serves as your receipt. REVIEWING AND VERIFYING TRANSACTIONS  On at least a weekly basis, cardholders must review and verify their card transactions with their Department Administrator using the SmartData online system.  Check that all charge amounts are accurate and that there are no transactions that you did not make yourself.  If you find a discrepancy, follow the steps in “Incorrect or Unauthorized Charges”. MONTHLY STATEMENTS  You will receive your monthly statement about 5 days after the 26th of each month (billing cycle close).  Attach your receipts for the billing cycle to the statement and send them to the Department Administrator within 5 days of receiving your statement. The Department Administrator will then forward the statements to the Program Administrator within 5 days. 8 INCORRECT OR UNAUTHORIZED CHARGES There are two types of discrepancies that may appear on a cardholder’s transaction records: incorrect charges and unauthorized charges. Incorrect charges  An incorrect charge is an item purchased by the cardholder but:  The amount charged is different from the amount on the cardholder’s receipt.  It is a duplicate charge of a purchase that has appeared on a prior statement.  A credit has not been issued in a timely manner when the item has been returned to the supplier.  The cardholder should contact the supplier directly to have the error corrected.  If the incorrect charge cannot be resolved with the supplier, the Department Administrator should submit the disputed transaction to JPM Chase using the SmartData online system. Disputed transactions must be submitted to JPM Chase within 60 days of the date of the statement on which the transaction appears.  JPM Chase will research the disputed charge and make any necessary adjustments. Unauthorized charges  An authorized charge is a charge that the cardholder did not make but that appears on the monthly statement.  The cardholder should immediately notify the program administrator and JPM Chase (800-316-6056) of the unauthorized charge.  JPM Chase will usually cancel the card account immediately and begin an investigation of possible fraudulent use of the card. 9  The program administrator will determine whether a replacement card will be issued to the cardholder. QUALITY OF SERVICE OR PRODUCT All vendors have a right to “cure” a problem with a purchase within a reasonable period of time, usually within 2 weeks of when the cardholder notifies the vendor of a problem. Thus, when you receive either an incorrect or defective item, you must allow the vendor a reasonable amount of time to either replace the product, resolve the service issue, or issue you a credit before turning the matter over to the Issuer. RETURNING AN ITEM PURCHASED WITH A CARD  For an in-person purchase, return the item directly to the supplier and obtain a credit receipt.  If you made the purchase by telephone or on the Internet:  Contact the supplier for return instructions.  Get a return reference number from the supplier, e.g., Returned Material Authorization (RMA) or credit number.  Follow the City of Ithaca standard shipping procedures to return the item.  On the statement where the original charge appears, note the date of the return.  Be sure to check subsequent statements to verify you have received credit for the returned item. LOST OR STOLEN CARDS  Immediately call the JPM Chase at 800-316-6056 as soon as you realize your card has been lost or stolen. Representatives are available 24 hours a day. 10  Report the loss or theft to the Program Administrator immediately at 607-274-6578. DECLINED PURCHASE  If your purchase is declined by the supplier, the supplier can call JPM Chase directly to determine the reason or the cardholder may call them at 800-316-6056.  If you believe your spending limits should be changed, contact the Program Administrator. The Program Administrator will decide if changing limits is appropriate. AUDITS Adherence to the Commercial Credit Cardholder Policies and Procedures is a standard item for Controller’s Office review in all departmental audits. RECEIPTS  If you did not receive a receipt from the supplier or you have lost a receipt, call the supplier and request a replacement. RECEIPTS MUST BE OBTAINED AS DOCUMENTATION. COMPLIANCE WITH POLICIES AND PROCEDURES Violating policies and procedures will result in consequences ranging from suspension of your card privileges to termination of employment.  Your card account will be canceled if you receive three (3) warnings from the Program Administrator within a 12- month period. Each of the following situations constitutes one warning: 11  Failure to obtain a receipt.  Missing the deadline for submitting your reconciled and approved statements to the Program Administrator.  Not obtaining management review of each monthly statement.  Your card account may be canceled immediately in the following situations:  Using the card for personal purchases.  Purchasing an item that is on the “Unauthorized Purchases List”.  Allowing someone else to use your card.  Not reporting a lost or stolen card.  Failure to respond to requests for information from the Program Administrators. J:\DRedsicker\AGENDAS\City Admin Comm\2012\6-27 CA Agenda.doc 6/27/12  16. Finance/Controller’s Office .3 City Employee Retirement Incentive Program – 2012 Due to a difficult 2013 Budget, City staff are developing a 2012 City Employee Retirement Incentive Program. Details of this program will be distributed next week for discussion at the City Administration Meeting.